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(영문) 광주고등법원 2015.04.15 2014나13548
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The scope of the trial in this Court is that the Defendant’s total sum of KRW 191,573,308 against the Plaintiff A (hereinafter “the Plaintiff”).

) The deceased’s lost earnings of KRW 154,073,308 claimed that he/she is obligated to pay consolation money of KRW 25,000,000 funeral expenses of KRW 2,50,000 for funeral expenses of KRW 10,000 for consolation money of KRW 10,000 for funeral expenses) and that he/she is obligated to pay consolation money of KRW 5,00,000 for consolation money and delay damages for each of the above money to the plaintiff B, and that he/she claimed the payment of each of the above money against the defendant. The court of first instance rendered a judgment to dismiss all the claims

Plaintiff

B Objecting to and appealed to the whole judgment of the first instance court, and the Plaintiff A appealed to and appealed from the sum of KRW 100,000,000 and damages for delay thereof in the judgment of the first instance, but did not specify the objection portion.

In the instant case, where a claim for other property losses and consolation money, etc. is rendered by a single judgment as to the subject matter of a lawsuit, one of the parties has appealed only for the part recognized without specifying the scope of the subject matter of a lawsuit, and barring any special circumstance where the scope of objection can be specified, the claim for property losses and consolation money falling under the scope of objection is transferred to the appellate court, and the scope of the appellate court’s judgment is the subject matter of a trial (see, e.g., Supreme Court en banc Decision 94Da20051, Jul. 18, 1996). Accordingly, the Plaintiff A shall be deemed to have appealed for all of the parts falling under the scope of objection. Thus, the claim of Plaintiff B, as well as the claim of Plaintiff A, which is the subject matter of a trial, all of

2. Basic facts

A. The status of the parties A is the mother of the deceased (D), and the plaintiff B is the mother of the deceased.

B. On September 1, 2011, the deceased’s new personality (such as the result of the examination of military life and military service harmony of the deceased) conducted by the Military Manpower Administration on September 1, 201 (the result of the examination of military service conformity).

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